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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Ronald Baumgarten Expects Upcoming Trade Policies to be Similar to Last Republican Administration

Patrick Campbell, Jonathan New Author Law360 Article on Whistleblower Programs

DOJ Antitrust Division Adds to Guidance on the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations

BakerHostetler Alumni Newsletter – Fall 2024

He also has extensive experience handling reinsurance litigations and arbitrations stemming from longtail liability claims. Kevin undertakes a thorough mastery of the case file in order to guide clients through the litigation process and provides thoughtful, workable solutions for each litigation obstacle or challenge. He is also an advocate for pro bono work and most recently represented a heart transplant patient in a Section 1983 litigation against prison officials for deprivation of necessary medical care.

Kevin has experience drafting dispositive motions, appellate briefs, oppositions to class certification&nbsp;and other key motions and briefs. He has successfully argued dispositive and non-dispositive motions at court hearings, conducted and defended fact and expert witness&nbsp;depositions and presented witnesses at arbitration. Kevin has also managed all aspects of discovery, including overseeing outside e-discovery teams and coordinating preparation of expert&nbsp;witness reports.

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J.D., The University of Chicago Law School, 2015, 

Honors B.A., University of Dayton, 2012, 

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<li>The Best Lawyers in America®
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<li>&#8220;Ones to Watch&#8221; in Ohio for Insurance Law (2024 to 2025)</li>
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Columbus

Class Action Defense 2023 Year In Review Webinar

Class Action Lawsuit Defense

Fifth Circuit Parses Crucial Distinction Between Class Liability Theories and Class Damages Theories

Class Action Defense  2022 Year In Review Webinar

2022 Class Action Update

Class Action Year in Review – 2021

Webinar: Class Action Defense 2021 Year In Review Webinar

Class Action Defense

Litigation

<ul>
<li>Attained reversal of district court order certifying a state-wide class of insureds for claims relating to total loss automobile insurance, after conducting full briefing and oral argument.  Sampson v. United Servs. Auto. Ass&#8217;n, 83 F.4th 414 (5th Cir. 2023). The Court distinguished its prior published opinion regarding certification of similar claims, holding that the defendant in the prior case “simply did not raise” the arguments offered here.  Id. at 420.</li>
<li>Achieved Rule 12(b) dismissal of putative class claims relating to the valuation of total loss vehicles with reconstructed titles. Petery v. USAA Cas. Ins. Co., No. CV 23-604, 2024 WL 291311 (E.D. Pa. Jan. 25, 2024).</li>
<li>Obtained Rule 12(b) dismissal of putative class claims relating to automobile insurance for leased vehicles. Tarkett v. USAA Gen. Indem. Co., No. 3:23-CV-01724-H-BLM, 2024 WL 2925325 (S.D. Cal. June 10, 2024).</li>
<li>Secured voluntary dismissal of putative class claims relating to the transfer of title for salvage vehicles, after filing Rule 12(b) dispositive motion. Teresa Silverstein v. Progressive Select Insurance Company, 5:24-cv-00747-JGB-SP (C.D. Cal.).</li>
<li>Obtained full summary judgment on bad faith and breach of contract claims in putative class action challenging automobile insurer’s valuation methodology for total loss vehicle claims. Fortson v. Garrison Prop. &amp; Cas. Co., No. 1:19-CV-294, 2022 WL 501324 (M.D.N.C. Jan. 21, 2022) (breach of contract); Fortson v. Garrison Prop. &amp; Cas. Ins. Co., No. 1:19-CV-294, 2022 WL 198782 (M.D.N.C. Jan. 13, 2022) (bad faith).</li>
<li>Secured amendment of prior court order to permit interlocutory appeal under 28 U.S.C. § 1292, leading to favorable class settlement of claims concerning components of total loss automobile insurance payments. Cavallaro v. United Services Automobile Association, No. 1:20-CV-00414, Dkt. 83 (S.D. Ohio, Jan. 14, 2022).</li>
<li>Defeated summary judgment on key claims, upheld full admissibility of experts’ opinions and excluded portions of opposing expert opinions in pro bono case involving heart transplant patient’s denial of medical care while incarcerated. Dixon v. Brown, No. 3:16-CV-01222-GCS, 2021 WL 1171657 (S.D. Ill. Mar. 29, 2021) (summary judgment); Dixon v. Brown, No. 3:16-CV-01222-GCS, 2021 WL 2099166 (S.D. Ill. Mar. 30, 2021) (admissibility of experts).</li>
<li>Achieved full relief for cedent in reinsurance arbitration relating to longtail liability asbestos clams.</li>
<li>Defeated reinsurer’s motion for summary judgment in reinsurance dispute over longtail liability asbestos claims. Utica Mut. Ins. Co. v. Clearwater Ins. Co., No. 6:13-CV-1178, 2019 WL 3340644 (N.D.N.Y. July 25, 2019).</li>
<li>Representing national automobile insurer in putative class actions across the country where plaintiffs challenge insurer’s valuation methodology for total loss vehicle claims.</li>
<li>Representing national automobile insurer in putative class action involving alleged disclosure of protected health information.</li>
<li>Representing multiple automobile insurers in putative class actions pertaining to disclosure and calculation of Uninsured Motorist / Underinsured Motorist insurance coverage.</li>
<li>Representing property insurer in putative class action involving the calculation of depreciation for property damage claims.</li>
<li>Represented multiple national life insurance companies in nationwide “cost of insurance” class actions pending in federal courts.</li>
<li>Represented property and casualty insurance companies in appeal to the Seventh Circuit concerning an underlying arbitration award.</li>
<li>Represented two national life insurance companies, and affiliates, in False Claims Act litigation in New York state court.</li>
<li>Represented multiple cedents in facultative reinsurance disputes against foreign and domestic reinsurers in federal court, state court and arbitration.</li>
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Kevin P. Zimmerman

Kevin P. Zimmerman

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